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Transfer of existing facilities to authority - 53 Pa. Cons. Stat. § 5613

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     § 5613.  Transfer of existing facilities to authority.
        (a)  Authorization.--Any municipality, school district or
     owner may sell, lease, lend, grant, convey, transfer or pay over
     to any authority with or without consideration any project or
     any part of it, any interest in real or personal property, any
     funds available for building construction or improvement
     purposes, including the proceeds of bonds previously or
     hereafter issued for building construction or improvement
     purposes, which may be used by the authority in the
     construction, improvement, maintenance or operation of any
     project. Any municipality or school district may transfer,
     assign and set over to any authority any contracts which may
     have been awarded by the municipality or school district for the
     construction of projects not initiated or completed. The
     territory being served by any project or the territory within
     which a project is authorized to render service at the time of
     the acquisition of a project by an authority shall include the
     area served by the project and the area in which the project is
     authorized to serve at the time of acquisition and any other
     area into which the service may be extended, subject to the
     limitations of section 5607(a) (relating to purposes and
     powers).
        (b)  Acquisition.--
            (1)  An authority may not acquire by any device or means,
        including a consolidation, merger, purchase or lease or
        through the purchase of stock, bonds or other securities,
        title to or possession or use of all or a substantial portion
        of any existing facilities constituting a project as defined
        under this chapter if the project is subject to the
        jurisdiction of the Pennsylvania Public Utility Commission
        without first reporting to and advising the municipality
        which created or which are members of the authority of the
        agreement to acquire, including all its terms and conditions.
            (2)  The proposed action of the authority and the
        proposed agreement to acquire shall be approved by the
        governing body of the municipality which created or which are
        members of the authority and to which the report is made.
        Where there are one or two member municipalities of the
        authority, such approval shall be by two-thirds vote of all
        of the members of the governing body or of each of the
        governing bodies. If there are more than two member
        municipalities of the authority, approval shall be by
        majority vote of all the members of each governing body of
        two-thirds of the member municipalities.
        (c)  Complete provision.--Notwithstanding any other provision
     of law, this section, without reference to any other law, shall
     be deemed complete for the acquisition by agreement of projects
     as defined in this chapter located wholly within or partially
     without the municipality causing such authority to be
     incorporated, and no proceedings or other action shall be
     required except as provided for in this section.

        Cross References.  Section 5613 is referred to in section
     5614 of this title.

Last modified: November 27, 2007